Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 9, Problem 4Q
Summary Introduction
To discuss: Whether a contract been formed and the rights of person C and person M.
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Students have asked these similar questions
Calvin uses fraud to induce Maria to promise to pay money in return for goods he has delivered to her. Has a contract been formed? If so, what kind? What are the rights of Calvin and Maria?
when is violation on promise to marry your fiancee actionable?
James sold his 1965 e-type Jaguar car to Shirley for $18,500. During the negotiations James claimed that the car was actually a 1963 model, which were rarer, and therefore more valuable.
Shirley, who was 17 at the time of purchase, bought the car on the understanding it was the 1963 model.
Are all the elements of a valid contract present?
Explain your answer.
Chapter 9 Solutions
Smith and Roberson’s Business Law
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- Charles and Nicolette went to Italy in November 2008, where Charles proposed marriage and presented Nicolette with a diamond ring. She accepted the proposal and the ring. On the same day, Nicolette asked Charles where he had purchased the ring. She became disappointed when he told her where he bought it, and she gave him back the ring, suggesting a different style she would like. He returned the ring to the jeweler and received a refund of $5,000. He then purchased a new ring for $12,000. Charles testified that near the end of November he “reproposed” and presented the second ring to Nicolette. The relationship soon soured and in late February 2009 Charles asked for the return of the ring. Contrary to Charles’ testimony that he gave the second ring as an engagement ring in late November, Nicolette testified that he gave the second ring to her a few days before Christmas as a holiday gift. [Miller v. Chiaia, 2011 WL 1367050 (Conn. Superior)] 1. Provide a paragraph with more than five…arrow_forwardIn exchange for $400,000. Clarissa offers to recreate a scene from the musical. "Annic," in business Lycoon Andrew's backyard for Andrew's New Year's Eve party. Andrew is a huge Annie fan, and Clarissa threw a "super-dooper sweetener" into the offer, which stated that Clarissa would get at least ten of the cast members from the movie "Annie" to make an appearance and sing at least three Annie tunes of the party guests' choosing. Andrew is thrilled; so, that very day, in late October - 65 days before the party - Andrew accepts Clarissa's offer. The day of the party, on New Year's Eve, Clarissa calls Andrew and informs him that no one from the "Annie" cast will be making an appearance, but that the rest of the party would come off "without a hitch." Andrew is very upset. He not only wants his down payment to Clarissa of $100,000 to be returned to him, but also wants Clarissa to reimburse Andrew's incidental costs to date related to putting on the party (some prepaid costs not covered in…arrow_forwardExplain the dangers of entering into a contract with someone who is under 19 years old where you are an adult?arrow_forward
- Buyer Bert can't believe that Seller Sam has had a last-second change of heart about entering into an agreement to sell his home to Bert. Sam has offered to refund Bert's earnest money and even pay him something in acknowledgment of Bert's inconvenience and disappointment, but Bert's not having it. He wants Sam's house. Choose the remedy for breach of trust that Bert will most likely take. accept compensatory damages demand specific performance initiate rescission settle for liquidated damages 19:19arrow_forwardIf one party to a contract uses any form of unfair coercion to induce another party to enter into or modify a contract, the coerced party may avoid the contract on the basis of fraud. True O Falsearrow_forwardVinson had a severe gambling problem. Every night, he stayed awake to the early hours of the morning picking games and spreads and betting online or calling his bookie. Finally, Vinson's wife, Bethany, had enough of Vinson's gambling. Bethany entered into a written contract with Hyacinth, a gambling addiction therapist who agreed to treat Vinson twice a week for six months. The contract is signed in writing (by the contract parties. Bethany and Hyacinth; and, of course, also by the patient, Vinson). Vinson then begins his counseling. However, after two months. Bethany sees no improvement in Vinson's behavior. After all, her debit cards just got declined at the store, and when she confronted Vinson, he simply stated, "I lost $1,000 on the Miami Marlins last night." Bethany decides she is going to breach the contract, that is, to stop paying Hyacinth. What would a court most likely find, if Hyacinth sues Bethany to enforce the contract and make Bethany pay for the breach? O UCC Article 2…arrow_forward
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